Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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38 28 resells the agricultural commodity for breeding, processing,

38 29 slaughter, or distribution.

38 30 Sec. 59. Section 161A.4, Code 2009, is amended to read as

38 31 follows:

38 32 161A.4 SOIL CONSERVATION DIVISION == COMMITTEE.

38 33 1. The soil conservation division is established within

38 34 the department to perform the functions conferred upon it in

38 35 this chapter and chapters 161C, 161E, 161F, 207, and 208. The

Senate File 446 - Introduced continued
39 1 division shall be administered in accordance with the policies

39 2 of the state soil conservation committee, which shall advise

39 3 the division and which shall approve administrative rules

39 4 proposed by the division for the administration of this

39 5 chapter and chapters 161C, 161E, 161F, 207, and 208 before the

39 6 rules are adopted pursuant to section 17A.5. If a difference

39 7 exists between the committee and secretary regarding the

39 8 content of a proposed rule, the secretary shall notify the

39 9 chairperson of the committee of the difference within thirty

39 10 days from the committee's action on the rule. The secretary

39 11 and the committee shall meet to resolve the difference within

39 12 thirty days after the secretary provides the committee with

39 13 notice of the difference.

39 14 The state soil conservation committee consists of a



39 15 chairperson and eight other voting members. The following

39 16 shall serve as ex officio nonvoting members of the committee:

39 17 the director of the Iowa cooperative extension service in

39 18 agriculture and home economics, or the director's designee;


39 19 and the director of the department of natural resources or the

39 20 director's designee. Nine voting members shall be appointed

39 21 by the governor subject to confirmation by the senate. Six of

39 22 the appointive members shall be persons engaged in actual

39 23 farming operations, one of whom shall be a resident of each of

39 24 six geographic regions in the state, including northwest,

39 25 southwest, north central, south central, northeast, and

39 26 southeast Iowa, and no more than one of whom shall be a

39 27 resident of any one county. The boundaries of the geographic

39 28 regions shall be established by rule. The seventh, eighth,

39 29 and ninth appointive members shall be chosen by the governor

39 30 from the state at large with one appointed to be a

39 31 representative of cities, one appointed to be a representative

39 32 of the mining industry, and one appointee who is a farmer

39 33 actively engaged in tree farming. The committee may invite


39 34 the secretary of agriculture of the United States to appoint

39 35 one person to serve with the other members, and the president
Senate File 446 - Introduced continued
40 1 of the Iowa county engineers association may designate a

40 2 member of the association to serve in the same manner, but

40 3 these persons have no vote and shall serve in an advisory

40 4 capacity only. The committee may perform acts, hold public

40 5 hearings, and propose and approve rules pursuant to chapter

40 6 17A as necessary for the execution of its functions.

40 7 2. The committee shall recommend three persons to the



40 8 secretary of agriculture who shall appoint from the persons

40 9 recommended an administrative director to head the division

40 10 who shall serve at the pleasure of the secretary. After

40 11 reviewing the names submitted, the secretary may request the

40 12 soil conservation committee to submit additional names for

40 13 consideration. The committee shall recommend to the secretary

40 14 each year a budget for the division. The secretary, at the

40 15 earliest opportunity and prior to formulating a budget, shall

40 16 meet with representatives of the committee to discuss the

40 17 committee's recommendation. The committee or division may

40 18 call upon the attorney general of the state for necessary

40 19 legal services. The committee may delegate to its

40 20 chairperson, to one or more of its members, or to one or more

40 21 agents or employees, powers and duties as it deems proper.

40 22 Upon request of the committee, for the purpose of carrying out

40 23 any of the functions assigned the committee or the department

40 24 by law, the supervising officer of any state agency, or of any

40 25 state institution of learning shall, insofar as possible under

40 26 available appropriations, and having due regard to the needs

40 27 of the agency to which the request is directed, assign or

40 28 detail the request to the staff or personnel of the agency or


40 29 institution of learning, and make the special reports,

40 30 surveys, or studies as the committee requests.

40 31 3. The committee shall designate its chairperson, and may



40 32 change the designation. The members appointed by the governor

40 33 shall serve for a period of six years. Members shall be

40 34 appointed in each odd=numbered year to succeed members whose

40 35 terms expire as provided by section 69.19. Appointments may
Senate File 446 - Introduced continued
41 1 be made at other times and for other periods as necessary to

41 2 fill vacancies on the committee. Members shall not be

41 3 appointed to serve more than two complete six=year terms.

41 4 Members designated to represent the director of the department

41 5 of natural resources and the director of the Iowa cooperative

41 6 extension service in agriculture and home economics shall

41 7 serve at the pleasure of the officer making the designation.

41 8 A majority of the voting members of the committee constitutes

41 9 a quorum, and the concurrence of a majority of the voting

41 10 members of the committee in any matter within their duties is

41 11 required for its determination. Members are entitled to

41 12 actual expenses necessarily incurred in the discharge of their

41 13 duties as members of the committee. The expenses paid to the

41 14 committee members shall be paid from funds appropriated to the

41 15 department. Each member of the committee may also be eligible

41 16 to receive compensation as provided in section 7E.6. The

41 17 committee shall provide for the execution of surety bonds for

41 18 all employees and officers who are entrusted with funds or

41 19 property, shall provide for the keeping of a full and accurate

41 20 record of all proceedings and of all resolutions and orders

41 21 issued or adopted, and shall provide for an annual audit of

41 22 the accounts of receipts and disbursements.

41 23 4. 2. In addition to other duties and powers conferred

41 24 upon the division of soil conservation, the division has the

41 25 following duties and powers:

41 26 a. To offer assistance as appropriate to the commissioners

41 27 of soil and water conservation districts in carrying out any

41 28 of their powers and programs.

41 29 b. To take notice of each district's long=range resource

41 30 conservation plan established under section 161A.7, in order

41 31 to keep the commissioners of each of the several districts

41 32 informed of the activities and experience of all other

41 33 districts, and to facilitate an interchange of advice and

41 34 experience between such districts and cooperation between

41 35 them.


Senate File 446 - Introduced continued
42 1 c. To coordinate the programs of the soil and water

42 2 conservation districts so far as this may be done by advice

42 3 and consultation.

42 4 d. To secure the cooperation and assistance of the United

42 5 States and any of its agencies, and of agencies of this state,

42 6 in the work of such districts.

42 7 e. To disseminate information throughout the state

42 8 concerning the activities and program of the soil and water

42 9 conservation districts.

42 10 f. To render financial aid and assistance to soil and

42 11 water conservation districts for the purpose of carrying out

42 12 the policy stated in this chapter.

42 13 g. To assist each soil and water conservation district in

42 14 developing a district soil and water resource conservation

42 15 plan as provided under section 161A.7. The plan shall be

42 16 developed according to rules adopted by the division to

42 17 preserve and protect the public interest in the soil and water

42 18 resources of this state for future generations and for this

42 19 purpose to encourage, promote, facilitate, and where such

42 20 public interest requires, to mandate the conservation and

42 21 proper control of and use of the soil and water resources of

42 22 this state, by measures including, but not limited to, the

42 23 control of floods, the control of erosion by water or by wind,

42 24 the preservation of the quality of water for its optimum use

42 25 for agricultural, irrigation, recreational, industrial, and

42 26 domestic purposes, all of which shall be presumed to be

42 27 conducive to the public health, convenience, and welfare, both

42 28 present and future.

42 29 h. To file the district soil and water resource

42 30 conservation plans as part of a state soil and water resource

42 31 conservation plan. The state plan shall contain on a

42 32 statewide basis the information required for a district plan

42 33 under this section.

42 34 i. To establish a position of state drainage coordinator

42 35 for drainage districts and drainage and levee districts which
Senate File 446 - Introduced continued

43 1 will keep the management of those districts informed of the

43 2 activities and experience of all other such districts and

43 3 facilitate an interchange of advice, experience and

43 4 cooperation among the districts, coordinate by advice and

43 5 consultation the programs of the districts, secure the

43 6 cooperation and assistance of the United States and its

43 7 agencies and of the agencies of this state and other states in

43 8 the work of the districts, disseminate information throughout

43 9 the state concerning the activities and programs of the

43 10 districts and provide other appropriate assistance to the

43 11 districts.

43 12 5. 3. The division, in consultation with the

43 13 commissioners of the soil and water conservation districts,

43 14 shall conduct a biennial review to survey the availability of

43 15 private soil and water conservation control contractors in

43 16 each district. A report containing the results of the review

43 17 shall be prepared and posted on the department's internet

43 18 site.

43 19 4. A state soil conservation committee is established

43 20 within the department.

43 21 a. The nine voting members of the committee shall be


43 22 appointed by the governor subject to confirmation by the

43 23 senate pursuant to section 2.32, and shall include the

43 24 following:

43 25 (1) Six of the members shall be persons engaged in actual



43 26 farming operations, one of whom shall be a resident of each of

43 27 six geographic regions in the state, including northwest,

43 28 southwest, north central, south central, northeast, and

43 29 southeast Iowa, and no more than one of whom shall be a

43 30 resident of any one county. The boundaries of the geographic

43 31 regions shall be established by rule.

43 32 (2) The seventh, eighth, and ninth appointive members



43 33 shall be chosen by the governor from the state at large, with

43 34 one appointed to be a representative of cities, one appointed

43 35 to be a representative of the mining industry, and one
Senate File 446 - Introduced continued
44 1 appointee who is a farmer actively engaged in tree farming.

44 2 b. The committee may invite the secretary of agriculture



44 3 of the United States to appoint one person to serve with the

44 4 other members, and the president of the Iowa county engineers

44 5 association may designate a member of the association to serve

44 6 in the same manner, but these persons have no vote and shall

44 7 serve in an advisory capacity only.

44 8 c. The following shall serve as ex officio nonvoting



44 9 members of the committee:

44 10 (1) The director of the Iowa cooperative extension service



44 11 in agriculture and home economics, or the director's designee.

44 12 (2) The director of the department of natural resources or



44 13 the director's designee.

44 14 5. a. The committee shall designate its chairperson, and



44 15 may change the designation. The members appointed by the

44 16 governor shall serve for a period of six years. Members shall

44 17 be appointed in each odd=numbered year to succeed members

44 18 whose terms expire as provided by section 69.19. Appointments

44 19 may be made at other times and for other periods as necessary

44 20 to fill vacancies on the committee. Members shall not be

44 21 appointed to serve more than two complete six=year terms.


44 22 Members designated to represent the director of the department

44 23 of natural resources and the director of the Iowa cooperative

44 24 extension service in agriculture and home economics shall

44 25 serve at the pleasure of the officer making the designation.

44 26 b. A majority of the voting members of the committee



44 27 constitutes a quorum, and the concurrence of a majority of the

44 28 voting members of the committee in any matter within their

44 29 duties is required for its determination.

44 30 c. Members are entitled to actual expenses necessarily



44 31 incurred in the discharge of their duties as members of the

44 32 committee. The expenses paid to the committee members shall

44 33 be paid from funds appropriated to the department. Each

44 34 member of the committee may also be eligible to receive

44 35 compensation as provided in section 7E.6. The committee shall
Senate File 446 - Introduced continued
45 1 provide for the execution of surety bonds for all employees

45 2 and officers who are entrusted with funds or property, shall

45 3 provide for the keeping of a full and accurate record of all


45 4 proceedings and of all resolutions and orders issued or

45 5 adopted, and shall provide for an annual audit of the accounts

45 6 of receipts and disbursements.

45 7 6. a. The committee may perform acts, hold public



45 8 hearings, and propose and approve rules pursuant to chapter

45 9 17A as necessary for the execution of its functions.

45 10 b. The committee shall recommend to the secretary each



45 11 year a budget for the division. The secretary, at the

45 12 earliest opportunity and prior to formulating a budget, shall

45 13 meet with representatives of the committee to discuss the

45 14 committee's recommendation.

45 15 c. The committee shall recommend three persons to the



45 16 secretary of agriculture who shall appoint from the persons

45 17 recommended an administrative director to head the division

45 18 and serve at the pleasure of the secretary. After reviewing

45 19 the names submitted, the secretary may request that the soil

45 20 conservation committee submit additional names for

45 21 consideration.

45 22 7. The committee or division may call upon the attorney


45 23 general of the state for necessary legal services. The

45 24 committee may delegate to its chairperson, to one or more of

45 25 its members, or to one or more agents or employees, powers and

45 26 duties as it deems proper. Upon request of the committee, for

45 27 the purpose of carrying out any of the functions assigned the

45 28 committee or the department by law, the supervising officer of

45 29 any state agency, or of any state institution of learning

45 30 shall, insofar as possible under available appropriations, and

45 31 having due regard to the needs of the agency to which the

45 32 request is directed, assign or detail the request to the staff

45 33 or personnel of the agency or institution of learning, and

45 34 make the special reports, surveys, or studies as the committee

45 35 requests.
Senate File 446 - Introduced continued

46 1 Sec. 60. Section 161A.7, Code 2009, is amended to read as

46 2 follows:

46 3 161A.7 POWERS OF DISTRICTS AND COMMISSIONERS.

46 4 1. A soil and water conservation district organized under

46 5 this chapter has the following powers, in addition to others

46 6 granted in other sections of this chapter:

46 7 1. a. To conduct surveys, investigations, and research

46 8 relating to the character of soil erosion and erosion,

46 9 floodwater, and sediment damages, and the preventive and

46 10 control measures needed, to publish the results of such

46 11 surveys, investigations or research, and to disseminate

46 12 information concerning such preventive and control measures;

46 13 provided, however, that in order to avoid duplication of

46 14 research activities, no district shall initiate any research

46 15 program except in cooperation with the Iowa agricultural

46 16 experiment station located at Ames, Iowa, and pursuant to a

46 17 cooperative agreement entered into between the Iowa

46 18 agricultural experiment station and such district.

46 19 2. b. To conduct demonstrational projects within the

46 20 district on lands owned or controlled by this state or any of

46 21 its agencies, with the consent and cooperation of the agency

46 22 administering and having jurisdiction thereof, and on any

46 23 other lands within the district upon obtaining the consent of

46 24 the owner or occupier of such lands or the necessary rights or

46 25 interests in such lands, in order to demonstrate by example

46 26 the means, methods, and measures by which soil and soil

46 27 resources may be conserved, and soil erosion in the form of

46 28 soil blowing and soil washing may be prevented and controlled;

46 29 provided, however, that in order to avoid duplication of

46 30 agricultural extension activities, no district shall initiate

46 31 any demonstrational projects, except in cooperation with the

46 32 Iowa agricultural extension service whose offices are located

46 33 at Ames, Iowa, and pursuant to a cooperative agreement entered

46 34 into between the Iowa agricultural extension service and such

46 35 district.
Senate File 446 - Introduced continued
47 1 3. c. To carry out preventive and control measures within

47 2 the district, including, but not limited to, crop rotations,

47 3 engineering operations, methods of cultivation, the growing of

47 4 vegetation, changes in use of land, and the measures listed in

47 5 section 161A.2, on lands owned or controlled by this state or

47 6 any of its agencies, with the consent and cooperation of the

47 7 agency administering and having jurisdiction thereof, and on

47 8 any other lands within the district, upon obtaining the

47 9 consent of the owner or occupier of such lands or the

47 10 necessary rights or interests in such lands. Any approval or

47 11 permits from the council required under other provisions of

47 12 law shall be obtained by the district prior to initiation of

47 13 any construction activity.

47 14 4. d. To cooperate, or enter into agreements with, and

47 15 within the limits of appropriations duly made available to it

47 16 by law, to furnish financial or other aid to any agency,




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